Setchell v. Garden Isle Frozen Foods [2001] UKEAT 1079_00_2811 (28 November 2001)

Setchell v. Garden Isle Frozen Foods [2001] UKEAT 1079_00_2811 (28 November 2001)

The Tribunal correctly determined that the disability discrimination claim was out of time, the relevant date for the amendment was when it was sought, and it was not just and equitable to extend the time limit. The Tribunal's exercise of discretion was proper and should not be interfered with.

Source-derived case information.

Citation
[2001] UKEAT 1079_00_2811
Parties
Appellant: Mr Setchell; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
28 November 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Disability Discrimination, Limitation Periods, Extension of Time
Employment Law Discrimination Law Unfair Dismissal Disability Discrimination Limitation Periods Extension of Time

Source-derived case record

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Parties

Mr Setchell

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claim for disability discrimination was presented within the statutory time limit
  2. 2 Whether it was just and equitable to extend the time limit for presenting the disability discrimination claim
  3. 3 Whether the Employment Tribunal erred in determining the relevant dates for amendment and act of discrimination

Ratio Decidendi

The Tribunal correctly determined that the disability discrimination claim was out of time, the relevant date for the amendment was when it was sought, and it was not just and equitable to extend the time limit. The Tribunal's exercise of discretion was proper and should not be interfered with.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.